DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6253)

SRG SERVICES (AUSTRALIA) PTY LTD T/AS SRG SERVICES (AUSTRALIA) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the SRG Services (Australia) Pty Ltd T/As SRG Services (Australia) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SRG Services (Australia) Pty Ltd T/As SRG Services (Australia) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the SRG Services (Australia) Pty Ltd T/As SRG Services (Australia) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application for approval was lodged by the union, which sought to have the enterprise agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, particularly in terms of the agreement's coverage, the bargaining process, and the provisions of the agreement itself.

The legal issues before the Commission included whether the enterprise agreement had been genuinely bargained between the employer and the union, whether it complied with the relevant provisions of the Fair Work Act, and whether it was fair and reasonable in all its terms. The Commission had to assess the evidence provided by the parties regarding the bargaining process and the terms and conditions of the agreement. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it contained terms that were fair and reasonable in the context of the industry and the specific circumstances of the enterprise.

In its decision, the Commission found that the enterprise agreement had been genuinely bargained between the parties and was in compliance with the relevant provisions of the Fair Work Act. The Commission noted that the evidence demonstrated that the agreement had been negotiated in good faith and that the terms and conditions were fair and reasonable. The Commission was satisfied that the agreement covered the necessary aspects of the employment relationship and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement as a registered agreement under the Fair Work Act.

The final orders of the Commission included the registration of the SRG Services (Australia) Pty Ltd T/As SRG Services (Australia) and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, with effect from the date of the decision. The agreement was to be available for inspection by the public and registered on the Fair Work Commission's website. The Commission also ordered that the agreement would be binding on all employees covered by the agreement, as well as on the employer, and would remain in force until superseded by a new agreement or terminated in accordance with the Fair Work Act.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established